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How the Injury Lawsuit Process Works

If you've been injured in an accident If you've been injured in an accident, filing a claim will help you get compensation to pay your medical bills and to make up for lost income. However there are many who aren't clear about how the litigation process works.

This blog post will talk about five steps that all personal injury claims have to pass through.

Time to File

Every state has a law that restricts the time you are required to bring a lawsuit following an accident. If you do not file your claim within this timeframe, it will most likely be dismissed.

When a case is filed the parties begin a process called discovery. It involves exchanging documents such as documents, witness testimony and depositions. Depending on the nature of your case, this can take months.

A good lawyer will present a settlement demand. Your attorney can only make this demand once you have attained the highest level of medical improvement.

If you've been injured by a government organization or a physician working for the government, you could be subject to additional time limitations that you must meet in addition to the general statute of limitations. These are sometimes referred to by the terms "discovery rule" or "equitable tolling" and are specific for each situation. Your lawyer can explain them in greater detail. These cases usually settle faster than other types of cases.

Statute of Limitations

It is essential to start a lawsuit for personal injury before the statute of limitations in your state runs out. These deadlines apply to a variety of kinds of personal injury lawsuits, including car accidents, medical malpractice claims, product liability claims and wrongful death lawsuits.

In the majority of states, "the clock" of the statute of limitations starts to run on the day you've been injured. There are exceptions to this rule, which can stop it in certain situations. The discovery rule, for example allows you to submit your case as quickly as you notice (or would have discovered if you had taken reasonable care) the injury.

The statute of limitations can also be shortened or tolled in certain situations like when the plaintiff is younger or has a mental disability. Contact an experienced injury lawyers lawyer to determine the statute of limitations applicable to your situation. If you try to file a claim after the deadline has passed your case is likely to be dismissed by the court. This can have devastating effects on the victim as well as the family members of the victim.

Damages

A person who is awarded an injury lawsuit is entitled to damages. These can include money to cover medical expenses loss of wages, as well as accident-related costs. Other damages could provide compensation for a person's loss of enjoyment of life or emotional distress caused by an accident.

The amount of damages is determined by a jury, based on evidence presented in court. Your attorney will argue that defendant failed to act in a manner that a reasonable person would have done in the same circumstance. This led to your injury.

Special damages are generally easy to calculate, including the cost of repairing or replace damaged property as well as the value of lost wages if an injury stopped you from working or caused you to use sick or vacation time. General damages, also known as pain and suffering are more difficult to calculate. Many attorneys and insurance firms use a multiplier, such as a 1.5 to 5 factor to estimate general damages. General damages are usually greater for serious injuries as opposed to minor or short-term injuries.

Mediation

Although it's not an essential element of any injury case it is possible to use mediation to settle disputes without having a jury or judge decide on the outcome. You can discuss your concerns at the mediation with a third party neutral known as a mediator.

The mediator will ask you questions to find out what you are expecting and how much you want. The two sides will have a private discussion with the mediator. You will then make counter-offers and exchange offers for a resolution.

Neither the negligent party nor the victim who has been injured would like to go to trial Therefore, the best option is to settle through mediation. This is a crucial step to avoid the long and stressful litigation process. Most injury cases settle at mediation, including those involving the largest insurance companies. Pfeifer Morgan & Stesiak will help you negotiate an agreement that is right for you, no matter if you have been involved in a workplace accident or auto accident. Contact us today to set up a free consultation. We can meet at a convenient place near Pittsburgh or Monroeville.

Trial

While the vast majority of cases of injury lawyers are settled out of the courtroom, your attorney could decide that a trial is necessary. This will depend on your personal circumstances, your evidence and the settlement offer made by the defendant's insurer.

During the trial, injured your lawyer will present a case to peers to jurors. The jury will determine whether the defendant was negligent and if they were the amount of compensation that is due to cover your financial losses, injuries and other expenses.

During the trial, your lawyer will use evidence to show that the defendant's negligence led to your injuries. They will also show that financial damages are required to pay for your expenses and losses. The defense will make use of evidence to argue your claims, and stop them from having to pay you any amount. The jury will then consider the evidence after both sides have made their closing arguments. The verdict will be announced by a judge, or a jury at the bench trial. It will decide whether the defendant was negligent and, if they were, how much financial damages should you be awarded.